Annulment

Sometimes, a marriage is not valid. These invalid marriages are called void or voidable marriages. For instance, if one of the parties was still married to another person when the marriage took place, the second marriage is probably invalid. (The validity of the second marriage might be salvageable by a Family Law court judge under certain circumstances.) In other cases, if there was a “fraud” that goes to the “heart” of a marriage, it might be considered to be a voidable marriage. However, the Court requires that a party who has entered into a voidable marriage come to the Court and ask for the annulment within a reasonable period after learning of the fraud.

Please consult a family law attorney prior to filing a request for an annulment. The attorney can prepare you for the type of personal or intimate questions that the judge might be forced to ask before granting an annulment. Sometimes, the testimony about these personal things may be made in writing, instead of made in an open courtroom, before members of the public.

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